PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 December 2001
	DOCKET NUMBER:   AR2001062061

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected to show that he was awarded the Combat Infantryman Badge (CIB). 

3.  The applicant states, in effect, that he served in a combat unit during the Korean War and that his separation document should reflect award of the CIB.  In support of his application, he submits a copy of his separation document
(DD Form 214).

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document.

5.  The applicant’s DD Form 214 confirms that he entered the Army on 10 May 1949 and that he continuously served on active duty for 3 years, 3 months, and
6 days, until being honorably separated in the rank of private on 14 February 1953.  It also verifies that he served in military occupational specialty (MOS) 4345 (Light Vehicle Driver) and that during his active duty tenure he earned the Korean Service Medal with 5 bronze service stars and the Presidential Unit Emblem.  The CIB is not included in the list of earned awards contained in his separation document. 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10, states, in pertinent part, the National Defense Service Medal (NDSM) is awarded to individuals for any period of honorable service performed between 27 July 
1950 and 27 July 1954.  

8.  Chapter 4 contains guidance on awarding the Army Good Conduct Medal (AGCM) and states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  A qualifying period is defined as a 3 year period of continuous enlisted active Federal military service served after 
27 August 1940.  Although there is no automatic entitlement to the AGCM, disqualification must be justified

9.  Paragraph 8-6 contains the criteria for awarding the CIB.  It states, in pertinent part, that there are basically three requirements for award of the CIB:  the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  It also provides, in pertinent part, that the unit in question can be of any size smaller than brigade, for example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. 

10.  Paragraph 9-12 provides for award of the United Nations Service Medal (UNSM).  It states, in pertinent part, that the UNSM is awarded to members who served in Korea between 27 June 1950 and 27 July 1954.  It further specifies that award of the Korean Service Medal automatically establishes eligibility for award of the UNSM.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the CIB based on his combat service in Korea.  However, it finds insufficient evidence to support this claim.  

2.  By regulation, there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  

3.  The available evidence confirms that during his tenure on active duty the applicant served in MOS 4345 (Light Vehicle Driver).  There is no evidence to show he ever possessed an infantry MOS as required by regulation.  Therefore, the Board finds no evidentiary basis for granting the requested relief. 

4.  However, the available evidence does show that based on his record of service, the applicant is qualified for and entitled to receive the NDSM and the UNSM for his service in Korea.  In addition, lacking a specific disqualification, he should be awarded the AGCM for his 3 year period of honorable qualifying service from 10 May 1949 to 9 May 1952.  Therefore, the Board concludes that it would be appropriate to add these awards to his records at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned earned the National Defense Service Medal, the United Nations Service Medal, and the Army Good Conduct Medal for the period 10 May 1949 to 9 May 1952; and by providing him a corrected separation document that includes these awards.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__INW __   _ _TL __  __JAM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062061	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.